Saving Seafood

Offshore wind opponents mount court challenge to Virginia project

March 21, 2024 — Wind power opponents filed a long-expected court challenge to the Coastal Virginia Offshore Wind project, in a bid to stop Dominion Energy’s planned start of construction May 1.

The lawsuit in the U.S. District Court for the District of Columbia is focused on claims that construction and operation of the planned 2.6-gigawatt-rated turbine array will harm the already extremely endangered North Atlantic right whale population, now estimated at only around 350 animals and already at risk from ship strikes and fishing gear entanglement.

 The Heartland Institute, Center for a Constructive Tomorrow and the National Legal and Policy Center, groups with ties to conservative, libertarian and oil and gas energy interests, are at the top of the complaint filed in federal court. 

Heartland and allies have already worked to oppose Mid-Atlantic wind power development off the Delmarva coast, citing potential impact on commercial fishing, Ocean City, Md.’s tourism economy and interference with Navy and military aviation operations offshore.

Read the full article at the National Fisherman

Lawsuit to stop Virginia Beach offshore wind farm claims project is a danger to whales

March 21, 2024 — Several groups filed a lawsuit against federal entities to overturn the approval of a massive wind turbine project off the shore of Virginia Beach, claiming it is a hazard for endangered North Atlantic right whales.

The lawsuit filed by The Heartland Institute, the Committee for a Constructive Tomorrow and the National Legal and Policy Center names the United States Department of Interior, the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Services, among others. It claims the federal government is on an “aggressive” campaign of developing offshore wind off the Atlantic coast, and the locations of the projects being in right whale habitat poses a major risk for injury or death of the animals.

The coalition said in a statement that the lawsuit is to stop Dominion Energy’s plans to start construction May 1 to protect the North Atlantic right whales. North Atlantic right whale populations have dwindled due to an “unusual mortality event,” according to scientists. The National Oceanic and Atmospheric Administration and other groups attribute many of the deaths to vessel strikes and entanglement.

“In issuing its ‘biological opinion’ in September, (National Marine Fisheries Services) only examined the impact that each of these projects, individually and in isolation, would have on the North Atlantic right whale,” the coalition said in a statement. “The agency did not, as it should have, issue a comprehensive and cumulative analysis examining the combined harm that all of the projects, together, would inflict on the whales during their annual migration path.”

Read the full article at The Daily Press

Lawsuit filed to halt offshore wind farm, citing concerns for whales

March 20, 2024 — An environmental lawsuit filed by a handful of conservative groups could interfere with Dominion Energy’s plans to begin constructing Virginia’s offshore wind project on May 1.

The Heartland Institute, the Committee for a Constructive Tomorrow, and the National Legal and Policy Center alleged that federal agencies, as part of their environmental assessment of the project, neglected to perform a full analysis of the harm that could come to the endangered North American right whale as a result. 

The plaintiffs argue that the Bureau of Ocean Management and the National Marine Fisheries Service are legally compelled to evaluate – not just the potential harm from the Virginia project – but the dangers the project might pose to the species in combination with the dozens of other offshore wind projects along the East Coast. 

“What BOEM and Marine Fisheries did is carve this integrated program of putting offshore wind off the East Coast – they carved it into little pieces. There’s a little piece here, which is Virginia, and a little piece there, which is Maryland, another piece which is New York,” Collister Johnson, Jr., senior adviser to the Committee, told The Center Square. “The courts are really clear that you can’t do that and minimize and understate what the actual harm is.”

Read the full article at The Center Square

VIRGINIA: Dominion Energy monitoring nest in transmission line

March 20, 2024 — A possible eagles’ nest could’ve meant a snag in the construction of an electric transmission line for Virginia’s offshore wind project in Virginia Beach.

However, Dominion Energy said it has no plans to do anything with the nest, and it will not affect the work it is doing.

“We got a picture of bald eagles in this nest,” said Matt Overton, a biological consultant for Dominion Energy, “and we wanted to make sure that the bald eagles hadn’t taken over this nest as we’ve seen in Virginia.

And while normally that wouldn’t be a problem, the nest in question happens to be part of a transmission line that will deliver power generated by the offshore wind project.

Read the full article at WAVY

MARYLAND: Maryland debates “local” wind farm, way offshore

March 20, 2024 — Maryland wants to expand its use of renewable energy by encouraging local projects like wind turbines.

But one company’s plan to build windmills in waters off the coast is running into trouble this session in the General Assembly, where lawmakers worry about giving their economic support to a project that isn’t exactly local.

The proposed project would be built off the coast of Virginia Beach — close by, but technically outside Maryland waters.

Read the full article at The Star Democrat

Federal lawsuit seeks to halt construction of Virginia Beach offshore wind farm

March 19, 2024 — A coalition of conservative groups is suing to halt Dominion Energy from constructing its planned wind farm off Virginia Beach, arguing federal officials have failed to adequately consider its potential impacts to endangered whales.

The groups, which include the Heartland Institute and Committee for a Constructive Tomorrow, filed suit in federal court Monday against agencies including the National Marine Fisheries Service and Bureau of Ocean Energy Management.

The plaintiffs say the government “illegally approved Dominion Energy’s offshore wind project by ignoring glaring and obvious procedural errors that subjects the endangered North Atlantic right whale to further grave harm.”

In a statement to WHRO Monday, Dominion spokesperson Jeremy Slayton said the issues raised in the lawsuit “have no merit.”

BOEM “has done an extraordinarily thorough environmental review of the project and carefully considered potential impacts to marine wildlife and the environment,” Slayton wrote. “The overwhelming consensus of federal agencies and scientific organizations is that offshore wind does not adversely impact marine life.”

The utility says it also has several measures in place meant to protect whales, including monitoring for marine mammals when installing piles and halting piling activities during right whales’ migration season.

In May, Dominion plans to start building its wind farm about 27 miles off the Oceanfront. It will consist of 176 turbines that the company says could power more than 600,000 homes.

Read the full article at WHRO

Biden administration sued over Virginia offshore wind farm approval

March 19, 2024 — A conservative think tank on Monday sued the Biden administration in an effort to reverse approval of what would be the largest offshore wind farm of its kind.

The Heartland Institute filed the suit with the Committee for a Constructive Tomorrow, a nonprofit that advocates for an economically libertarian approach to environmental action and has denied the existence of human-caused climate change. The lawsuit, filed in the U.S. District Court for the District of Columbia, seeks to reverse the National Marine Fisheries Service (NMFS) Bureau of Ocean Energy Management’s (BOEM) approval of Dominion Energy’s 176-turbine wind project offshore Virginia.

Read the full article at The Hill

VIRGINIA: The Virginia General Assembly has passed HB 928, a bill designed to protect commercial fishermen and their boats from harassment at sea.

March 18, 2024 — The Virginia General Assembly has passed HB 928, a bill designed to protect commercial fishermen and their boats from harassment at sea.

The measure passed 38-1 by the state Senate and 99-0 in the lower House, and was signed on by legislative leaders in early March. Gov. Glenn Youngkin is expected to sign it into law, with a deadline for his action by April 8.

The bill, sponsored by Delegate Hillary Pugh Kent of the state’s 67th District on Virginia’s Northern Neck, increases penalties for harassing watermen to a Class I misdemeanor which is confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

The Class 1 misdemeanor is for any person who knowingly and intentionally interferes with or impedes the operation of commercial fishing activity of a commercial fishing vessel within the territorial waters of the Commonwealth.

Read the full article at the National Fisherman

VIRGINIA: Dominion Energy to pay nearly $1M over turbine views in Virginia Beach

March 9, 2024 — Virginia utility Dominion Energy will pay nearly $1 million to offset the impacts to coastal views from its 176-turbine offshore wind farm in Virginia Beach.

The company will pay the city $290,000 for visual impacts. Virginia Beach’s City Council voted earlier this week to use the money for historical preservation projects. Separately, the Richmond, Virginia, power company will pay $650,000 to the first Cape Henry Lighthouse on the Virginia coast, also for visual impacts. The Dominion payments were first reported by The Virginian-Pilot.

Dominion is also contributing $550,000 to the Currituck Beach Lighthouse in North Carolina.

Read the full article at E&E News

VIRGINIA: Dominion says new offshore wind deal won’t impact ratepayers

February 26, 2024 — Dominion Energy Virginia says the deal it announced Thursday to sell half of its interest in its Coastal Virginia Offshore Wind project to investment firm Stonepeak is not expected to have any impact on ratepayers.

Dominion spokesperson Aaron Ruby said the deal will have no “impacts to the cost, customer bill impact, construction or operation of CVOW and no change to the consumer protections approved by” Virginia’s State Corporation Commission, which regulates utilities in the commonwealth.

The deal must be approved by the SCC, which is expected to make a decision on it by the end of 2024.

Under the agreement, Dominion will retain control of the project, a 2.6 gigawatt wind farm off the coast of Virginia Beach that will cost an estimated $9.8 billion.

The deal follows the conclusion of a top-down business review Dominion began last year to improve its financial standing and is seen as a move to reduce the utility’s debt levels.

“If we have a healthy balance sheet, we’re going to provide the best customer experience. We’re going to be able to invest to meet the state’s goals,” said Dominion Chair, President and CEO Bob Blue. “That is a very compelling reason for regulators to approve this transaction, and I’m highly confident that they’ll see the benefits and approve it.”

Read the full article at Virginia Mercury